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HomeMy WebLinkAboutTB-08/09/1988259 SOUTHOLD TOWN BOARD AUGUST 9, 1988 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (9:~5 A.M.), Counci.lwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, CouncilWoman Ellen M. I~a~.sen, Town Clerk Judith T. Terry, Town Attorney James A. Schondebare. 9:15 A.M. - For Discussion Items: (7) Discussed proposed "Local Law in Relation to Environmental Quality Review" (see resolution no. 9). (8) Discussed pr(~posed "Local Law in'Relation to Zoning", certificate of occupancy/abstract of title (see resolution no. 10). [9) Discussed proposed "Local law in Relation to Zoning", land clearing (see resolution no. 11 which was defeated and this will be returned to the Code Committee). 9:30 A.M. -. Vincent Oonnell¥, Nelson & Pope Consulting Encjineers, made a presentation to the Board with respect to a proposed 'Comprehensive Traffic Study of t~e Town of Southold. Mr. Donnelly reviewed the tasks his firm would undertake if ct~,osen to do the study: define the study network, obtainl all available traffic volume data, analyze the date to provide a base which would detail historical traffic growth, estimate fUture growth, recommend highway improvements, need for improved municipal parking facilities, feasibility of bicycle and exercise tracts. Mr. Oonnelly estimates the complete study would cost approximately $45,000.00. The Board expects to hear otlr~er presentatiof four such a study in the near future. .~0:30 A.M. - Gary Loesch and Mike Tumulty, Holzmacher, McLendon $ Mt~rreH-, P.C., met with~ the Board to review the proposed HydrogeologJc Field Investigation Work Plan for the Landfill Expansion, as required by the OEC because of their concern over groundwater contamination from landfilling, and the potential Of prior activities at the site impacting groundwater quality. This ,is to be undertaken as part of the Part 360 application for the landfill expansion, and will include c~ri[ling of groundwater monitoring wells upgradient, downgradient and between the existing portion of the landfi]l'and the proposed expansion area. H2M recommends that a total of thirteen groundwater monitoring wells, be drilled at the 'site. The wells would then be sampled to provide background water quality data to be used to determine the extent of any groundwater cor~taminatlon.--Gary. Loesch reviewed' th~ H2M.~'p~t;opos~]. fo~-~.Anal~tical Services for_.the'Southold Solid Waste/Sludge Composting Facility. The DEC newly proposed Solid'Waste Regulations for a Permit to Construct a composting facility require the incoming sludge to be tested for specific parameters. It is anticipated that the proposed composting facility .will utilize the sludge from beth the Savenger Waste Pland and the Greenport Sewer Treatment Plant in I~roviding nitrogen for the diegestion process. The regulations require the tests to be conducted weekly for at' l~esat a six month period to ensure its suitability for use in landspreading operations.. H2M recomments the Town institute a testing program at this time-so that the requisite background date may be incorporated into the Permit To Construct the proposed facility. The Board placed resolution no. 12 on the agenda to accept this proposal at a cost of $5,400. 11:30 A.M. - For Discussion Items (continued): (1) Discussed proposed Local Laws Providing for Four Year Terms for Supervisor and Superintendent of Highways and placed resolutions 13 and 14 on the agenda' setting public hearings for same. (2) ~:alytical Services of H2M discussed with Gary Loesch at 10:30 A.M. (3) Letter from Rudolph Bruer, representing the Griswold-Terry-GIover American Legion Post in their petition for a change of zone, urging the Town Board to reassess the SEQR Positive Declaration prepared by David Emilita and approved by the Town Board. The Board will ask M~. Emilita to meet with them at their August '23rd meeting to discuss same. (4) Terms of the members of the Tree Committee expire on September 260 9, 1988 22, 1988, and the Town Board agreed to appoint six of the present members and advertise for resumes to replace one member (resolutions 13 and 14). (5) Reappoint- men_t of members of the Kennys Beach Shoreline Erosion Controll Committee was dis- cussed. Councilman Penny will review the current membership and discuss this with the Board at their August 23rd meeting. (6) Discussed the appraisal with respect to the Nicholas Aliano major subdivision and set $16,750 to be received in lieu of land for Park and Playground (see resolution no. 15). (7), ~(~8) and (9) were discussed ",at 9,:15 A.Nt;~ ~ see resolu.tions~9, 10, 11. (10) Proposed Local Law in Relation to Zoning relative to cluster development - see resolution no. 19. (11) Executive Administrator Lessard met with the Board and discussed the appeal of Eric Bressler on behalf of Charles Zahra with respect to his right to see a "legal" file on the Kimogenor Point Building #1. Mr, Lessard advised the Board he and ~ his staff have conducted an extensive search of the Build ng Department files and f; :~ connot locate such a file, however, .t ~s :pos$:ib[e: Special Counsel Lark or Yakaboski~ might have the file and he will contact, them.--Mr, Lessard notified :the BOard later in the date that the file had been located in the office of Special Counsel !Lar..k and the records contained therein were photocopied and will be transmitted by the Town Clerk to Mr. Bressler. The tBoard determined that the records requested; in the aforementioned appeal have 13ee obtained, are now available, and a hearing on this matter is not necessary. (12) Hydrogeological field investigation for expansion of the Cutchogue Landfill was discussed with Gary Loesch and Mike Tumulty of H2M at 10:30 A.M. (.13) Receipt of a resolution from the Brookhaven Town Board oppos- ing the Suffolk County Legislature's .local law regulating work places that' have twenty or more video display terminals. Board agreed to place a resolution (no. 16) on the agenda rejecting the. County's enactment of this legislation which would affect th~ Town,,of Southold. EXECUTIVE SESSION 12:10 P.M. -- Discussed personnel matters. 12:30 P.M. '- Recess_for lunch. 2:00 P.M. - Work Session reconvened and the Board audited the vouchers'. 2:30 P.M. - Discussion with respect to the proposed amendments to the Zonim under the Master Plan. Although there are a few amendments to .the prop~osal some Board members would like to make, they agreed to proceed without makin~ Changes. 2:35 P.M. - Board reviewed agenda resolutions. 2:40 P.M. -' Craig Geier and his sister Joyce Harroun, representinq their I~ather John Geier, met with the Board to discuss the Board's decision at their July 26th meeting to amend the Master Plan zoning map changing their father's property (south side Rou;te 48, west of Moores .Lane, Greenport) from Hamlet Densj,ty to R-80. Mr. Geier advised the Board that this property had been changed to "M" Multiple Residence Oistrict in 1968, and has been HO on the pFoposed map, and based up~r~ this designation a contract for sale has been. entered into and money has been r, eceived by__the family. The Town Board's sudden ~hange to R-80 On July 26th ha's placed a sever burden on the family. Attorney Kevin McLaughlin was also present to represent the family; Supervisor Murphy stated he had been in favor of the change since allowing addltio~al development in th~ area would cause water problems. Councilwoman Cochran stated that she has: reconsidered here votes on July 26th to change five parcels on the map,~and is withdrawing her support for all o£ the changes. It was decided the Board would vote on each of the parcels which were changed on July 26th: M-II to M-I at the foot of Village Lane, Orient - .to change back to M-II - No: S~upet~.¥isor Murphy, Councilwomen Larsen and Oliva. Yes: Councilwoman Cochran, Justice Edwards, Councilman Penny. Parcel remains M-[. Geier property, west of Moores Lane, Greenport, R-80 back to HO - No: Councilwomen Larsen and Oliva.-- Yes: Supervisor: Murphy, Councilwoman Cochran, Justice Edwards, 'Councilman Penn' This parcel will. be returned to the HO designation. Kontokos,ta property, west of'Moor~es Lane, Greenport, R-80 back to HO - No: Councilwomen Larsen and Oliva. Yes: Supervisor Murphy, Councilwoman Cochran, Justice Edwards, Counci~lman Penny. Jim King property, east side Mattituck Inlet, M-I back.to M-II~ ~ Yes: Justice Edwards, Councilman Penny, No: CoLm~ilwomen Cochran, Larsen, Oliva, Supervisor !Murphy. This parcel to remain M-I. Property on the northwest corner of Cox Neck Road, Mattituck - from AC back to LB - Yes: Justice Edwards, Councilman Penny, Council- woman Cochran. No: Councilwomen Larsen and Oliva, Superviso~ Murphy. This parcel to remain AC as designated on July 26th.--Town Clerk Terry will n~otify RPPW to make the necessary changes fi'om R-80 to HD on the Geier and Kontokosta properties on the proposed zoning map. 3:05 P.M. - Community Oevelopment Administrator James McMahon met witi~ the Board to discuss the Carey tank farm property at Mattituck Inlet. The Board agreed with C~uncilwoman Cochran that the Corps of Engineers should be consulted to determine AUGUST 9, 1988 2-61 whether the site would be~ suitable~ for a boat r~amp. As to possible purchase, the Board agreed if the price is right. Supervisor~ Murphiy and Town Attorney Schondebare with negotiate to acquire same.--Mr. McMahon also discussed possible Town acquisition of park and recreation parcels in subdivisions. 4:00 P.M. - Work Session adjourned. REGULAR MEETING 7:30 P.M. A .Regular Meeting of the Southold Town Board was held on Tuesday, August 9, 1988, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy open?d the meeting at 7:30 P;M. with the Pledge of Alle~liar~ce .to the Flag. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare SUPERVISOR MURPHY: Okay, the first order of business is a resolution approving the audit of the bills of August 9th. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the following audited bills be and he~eby~are'~ordered paid: General Fund, Whole Town bills in the amount of $111,616.52; General Fund, Part Town bills in the amount of $48,295.88;' Highway Department, Whole Town bills in the amount of $5,282.70; Highway Department, Part Town bills in the amount of $13,369. I7; Fishers Island F~rry District in the amount of $9,328.54, Fishers Island Ferry District Agency & Trust bills in the amount of $158.38; Southol'd Wastewater 0istrict bills in the amount of $17,491.30; Agency & Trust bills in the amount of $2,67/~.80; Nutrition Fund bills in the amount of 52,726.82; Snap Program bills in the amount of $84'. 78; Agricultural Lands Oevelopment Rights bills:.in the amount of '$600.00; Shellfish Manage- ment Capital Account bills in the amount of $23,515.44; Community O,ev,e]opment Fund bills in the. amount of $3.,345.00; Payloader Capital Account bills in the amount of $4~, ooo. oo. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council; man Penny, Councilwoman. Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.- SUPERVISOR MURPHY: The next resolution is to set the next meeting date for August 23rd, 1988, 3:00 P.M., Southold Town Hall. I offer that resolution. Moved by Supervisor'-Murphy, seconded by Councilwoman Cochran, it was RESOLVEO that the next regular meetincj of the Southold Town Board will be held at 3:00 P.M., Tuesday, August 23, !988, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oiiva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. I. REPORTS. SUPERVISOR MURPHY: Okay, the first item on your agenda are Reports. I Would like to remind everybody these reports are on file in the Town Clerk's Office if anyone woulC like to read them. 1. Times Mirror Cable Television report for the month of June, 1988. 2. Lyme Task Force meeting of July 2;1, 1988 from Recreation Director Kenneth Reeves. 3. Town Justice Edwards - monthly report for July, 1988. 4. Dog Shelter monthly report for July, 1988.. 5. Town Audit for 1987 by E; ,F;. Kaldor, C.P.A., P.C; 6. Town Clert<'s monthly report for July, 1988. 7. Recreation Oepartment's monthly report for July, 1988. 8. Building Department's monthly report for July, 1988. 9, Scavenger Waste Treatment Facility monthly report for July, 1988. 10. Trustees monthly report for July, 1988. Councilmen's Reports. At this time I would like to ask the Councilmen if they have anything special to report, starting on my right with Councilwoman Ruth Oliva. COUNCILWOMAN OLIVA: Thank you, Frank. Only July 27th I attended a Code Committee meeting. We discussed vacant lot C.O.-'s, nursery schools, non-conforming, clear~ cutting and cluster. Some of these are on the agenda tonight, so we are moving along ar~l the Code Committee will meet tomorrow night and we will probably be discussing non-conformity. By the way we don't have that blackboard yet~ do we? .TOWN ATTORNEY SCHONOEBARE: No, we don't. COUNCILWOMAN OLIVA: We don't, on jUiy 29th I attended the Sta.te of the Bay's Conference at Hampton College. It was an excellent conference and I ~think.a~iot of people that really weren't aware of so many of the problems that we have, certainly did become more aware. Basically we really do not understand what is happening in the Peconics, but. as Fran Flanagan said that evening in her remarks,-she is from the Save the Chesapeake, that we better do something now before it is too late. We just have to control what we're doing to our waterways, and I think this really hits home when we see all this medical waste washing up on our beaches all over the E~st Coast, and even we're having problems all over the world, in the North Sea also. And Ellen Larsen was on one of the panels 'and she certainly did an excellent job of presenting what Southold is and will be doing on the shoreline. On July 30th ! attended the openin~l of the Shelter Heif]hts Association Sewa~le Treat- ment Plant. This is a batch system. It's just a small system, but they did have a sample of the effluent, it certainly looked very clear, and we'll just have to wait and.see, how it works out.' 'It certainly looks very good. On August 2nd we had a Water Advisory Committee meeting. We discussed a job description for a water management person from the Town. That needs more work on it. We reviewed an excellent preliminary report by Mark MacDonald and Bob Villa on the Core W~_ter Shed Protection Area~. This is the report--I could read the'whole thing, but it basically really states, that we must protect that area along the spine of the Nor-th, Fork if we are to hav~ water supplies for the future. This is a prelimina_ry report. They will have a final report in September, and then I .think-as we have promised, that we wil notify the. landowners. We told them we would have:a public ~nformation~ meeting before we went to any kind of finalization on it.' :And the Committee Will I~ also work on a Water Conservation Program for such areas as Nassau Point, Great ~.,~ Hog Neck, Orient and East Marion, to put into place: in the future. .On.August 34d we had a very nice trip to Fishers Island. The attendance was certainly good at Fishers Island. They had a lot of good questions, and their Civi(~ Association and ;he Conservancy over there is doing just a super job and it's wonderful to see ,that. On August 4th we had a Housing Committee meeting which Jean will report on, and on August 8th I attended a meetin~l with Cl~arles Zahra-with his things with the Building Oepartment. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ruth. George? COUNCILMAN PENNY: Yes, on the 27th I attended the Code Committee meeting which has already, been reported on. On tl~e 2nd I attended the Water Advisory Committee meeting which was already reported on. And I also on the 8th attended the work session where a gentleman from the public brought in some issues-'raised some issue with decisions of the Building Oepartment. Thank you. SUPERVISOR MURPI+Y: Thank you, George. Jean? COUNCILWOMAN COCHRAN: Yes, on July 29th 1, along with Ruth and Ellen, attended the S~tate,of the Bays Conference at Southampton College. I felt it was an excellent conference, It was very informative and well organized. The first panelT-I was extremely interested in the first several panels because they reported the work r-~ that they had' been doing in relatino to the Brown Tide. The Techdical Tgsk Force. i~ The role of the weather, the affect, the bays physical characteristics, the human ~,;~ input pollutions into the bay, the acid rain input, what stimulates the growth, .road~' runoff. They're looking at every possible area in relation to the causes and effect of the Brown Tide. They also--regretably they reported that the count has been down in ~88, but the week of the conference there was a slight rise in the Brown Tide count. I was especially interested in a James Pavenkopf who is a consulting agent to the Suffolk County Health Department, and'his report on the studying the circulation of the bay and what makes it move, and what they are doing and how this fits into the study of the Brown Tide. Another interesting panel was~ "Is There Life Still On the Bay?", and although the panel had perhaps six members, I think they all were in the same agreement that the bottom of the bay, or the bounty that comes from the bay is pretty much dead. It seems that 'the predators seem to survive, such as Blue Crabs and Conk, and Horseshoe Crabs, but much of our shellfish and some of our seafood certainly has disappeared, along with the grasses that grow on the bottom of the bay. I think Or. l(osper from SLJN.¥ at Stony Brook 2 6:3 AUGUST 9, 1988 summed it up pretty well that althoug~h, there has been no solution, there's been many clues, and there was a feeling at least as a result of my attending I felt that although there are to a point no solutions, that there certainly are a great many people working to try to find the solutions. On Th~'sday;.August i:4th 'we had a H_Housing Committee meeting. It was one that we had hoped to make some more progress in reviewing the Housing Ordinance in relation to Affordable Housing, I think what it turned out to be was more of a ph!iosophical discussion. It's a very frustrating committee to serve on and be a part of, because we seem to go around and around in circles and we reailyl don't see on the horizon as quickly as we'd like to see, way we're going to see affordable housing in ~the immedi;ate future is if to~,n: government gets involved. Many .of the towns that are providing afCo~dable housing are able to do it as a result 10f owning the land, and the mo[:;e ~w;e 10ok 'at an:d i~l~e m°r~e we go around Jn::cirCles, 'if we ~ould get some coopera~i i ih .relation to rhaps the Town would be in a positiOnto make this dream will continue to work. We'll be meeting again on AUg we'll begin'to develop some sort of plan that we' can: to people. On Wednesday the 3rd we traveled to Oay Board meeting. Various discussions took much concerned'wi~h getting rid of their munici here in Southold. They're also .concerned about for avenues and solutions to solving and tran Island. I'd like to thank Councilman Edwards their warm welcome once again. Also as a part of that was given, Cornell Extension will be having on drainage runoff which we will be getting notice en this our Superintendent of Highways will also attend thils.' 'i the special meeting we had yesterday in relation fr~)m a :~rr Oepartment. Also just a little note' for those of youl tha',tlw our Lifeguards and Beach Attendants will be payling sofl~,~ Laurel field at 6:30 against the Riverhead Beach we beat them the las:t_game two to zip, so I 4:00 P,M., and:hopefully of this service Island for our ann~Zal Father!s were Same as ~ are ste and aide looking off the lie of Fi~her.s Isled for Hi.of infor~,ation igl'fway ~ ~pervi sors tn..d it's my hope ~hat e~ded t~ ~eetin~~- piaint.i~ t~e BUi(~ing &;de not a~'o,r"W~¢k Sesssion, ! ~tomorrow night~t the Is, ,and our do: the same again tomorrow night. The;status of the Buildiinq~s and :Grounds Chairman, the last place that it was left was with OL~r As¢i!s~ant Town-AttOrney was going to do some investigation on buying it locally,~iild tde~r;ices irivolved. ~o we'll have to see Rob on that. TOWN ATTORNEY SCHONDEBARE: Your Assistant Town;'Attorney did ad~zise the Town Attorney that he looked into it and he's trying to get a better .price. COUNCILWOMAN COCHRAN: Okay, fine. S'o you should have your blackboard in the near 'future, Ruth. COUNCILWOMAN OLIVA: Thank you. COUNCILWOMAN COCHRAN: I know how important it is. Also while I was home I turned on the TV and Channel 25, and I wasn't aware of this, maybe others arE,- that at the Rec Center on August 17th is going to be a program on Lyme Disease by Dr. Grunwaid from Shelter Island, so I thought that's a good piece of public information. I hope the press picks up. It would be nice to have a fairly good attendance there. I think that's about it, Frank. Thank you. SUPERVISOR MURPHY: Thank you, Jean. Ellen? COUNCILWOMAN LARSEN: Yes, thank you, Frank. First of all i'd like to take the opport~unity to introduce my lovely daughter, Elizabeth, who's sitting out in the audience;, She was taking her blood pressure and informed me it:was 163 over 98, but she's been anxious to come to the Town Board meetings and has asked me ¢or quite some time, and since she .lust celebrated her 8th birthday last Friday we decided it was okay, and Elizabeth, I'm sure you know everybody up here. SUPERVISOR MURPHY: Happy Birthday, Elizabeth. COUNCILWOMAN COCHRAN: Yes, Elizabeth, Happy Birthday. You're going to be on television. COUNCILWOMAN LARSEN: Thank you. I did also attend the State of the Bays Conference at Southampton College which was widely attended. I' think there was an attendance of probably 150 to 170 heads that I counted. Thank you, Ruth, for the very nice compliment, it was an honor to participate in the panel. What came out of the Brown Tide Conference was a exchange of information between all the various people who have been working on the Brown Tide since its inception, and the need for comprehensive five-town management plan for the five east end towns that border on the perimeters of the Peconic Bay. Specifically one of the requests 264 AUGUST 9, 1988 will be a no-discharge zone into the Peconics which will mean there will be no discharge in forms of sewage treatment, road water runoff and boat pollutants. I had the opportunity to speak with some boats who attended the conference who said, "Oh, my goodness, I agree with everything as far as road water runoff, and the sewage treatment plants, but when you come down to the boat that I'm on, we have to be able to discharge into the Bay." But my response to that is that everyone has to do their part to keep the Peconics pollution free. If you're going to a~k one person to have~ limits on the amount of Pollution discharged into the Peconics you have to ask others. Another important thing was that by the year 2010 it's projected that most of the shoreline Will be totally developed on the Peconic system. That's somethign to keep i,~ mind. There's .also a call to have the. Peconic Bays declared a estuary under the EPS, and what~ this would mean is that it would be declared ~ maybe contigUOUs to the iLong Island. Sound where we would have increased funding ~1 to look into these .a~ea~.. So all in all it was a good conference and a good exchang~ On August 2nd I attended, the meeting of the Water Advisory Committee, and I would say that through the eff0~t.s of Robert Villa who i~ a longstanding member~ .aDd Mark MacOonald who wasia new appointment, that a very palatable plan c~me about. Palatable in the terms of protecting the water recharge area and protecting the property rights, i think.itld.eserYes.~hle attention of every Town Board and I'm sure we'll be hearing a loli~a~ciUt it. ira's'the future. I didn't attend the meeting on AUgust 3rd in Fishersl I~slaodi~,':alith0ugh I Wish I had~ One of the main reasons that I~hadn't is that because Of m~ work schedule I wasn't able to go, and then in the afternoon I did work in. Tbwr~ Hail land ~atch up on a lot of paperwork that I had toi catch up on .. On August. 8th ~1 did~meeting with the rest of the Town Board to hear the comp!ains of Mr. Zahra. ~That~s all, Frank, thank you. SUPERVISOR MURPHY: Thank you~ Ellen. Raymond? JUSTIiCE EOWARDS: Yes, thank you, Frank. It was a pleasure to have the Town Board on Fishers=, Island, and ! was very happy to see the turn out. In fact, looking at the empty seats here, [f~th~.'p~eopl~ of Fishers Island had this amount o~f space over there they'd be standing in the halls and doors. They're very concerned on the Island about the environment, about the bi~ilding that's going on over there. One of the larger la~d0wners on-the Island, Fishers Island Development COrporation, has put a moratorium bn the sale of building lots. That's the sale of them, but talking to one of the contractors the other day it looks like we're going to have another record year in building on the Island. We had eight houses going up this year on the Island and it looks like we'~e going to have just as many next year. The Island is also very concerned with it's water, groundwater. We have the only open reservoir in the Suffolk County, and we're doing a study on the aquifer. They're drilling more-wells on the Island. I see the well pec~ple over there bringing the pipe over and bringing the diggers over. They!~e got some test wells on thei!:lsland. The~ve£got.:'s[~me good ones, but sorry to say there's not ,as many good ones as there are bad ones, so we also will be in trouble waterwise and we're looking to the future to control development with that and with our other utilities on the Island. Our electric supply line coming over..from Connecticut is up to about 75% capacity, and with the amount of energy the people are using today they figure in ten years they're going to have to have a new cable, and putting a new cable under the water there is well over a million dollars, which is going to be paid for by the electrical-~ users on the Island. The people on the Island are concerned as they voiced their opinion. They're very happy--or seem to t~e very happy with the Town--the way the Town has been treating the Island people. We're getting the basic services that we want over there. They had very few more things to ask for, just basically something that Mrs. Cochran is going to look into and that is putting a new coat of paint on the Town Barn over there. It's a building that's owned by the Ferry Oistrict and it's given to the Town with a free lease an~ the Town just has to main- tain it, so I think perhaps we'll be able to get a coat of paint on the barn. This morning I left Fishers Island, had to take some people over to Nowank. i left the 6:30 and took some people over to Nowank, and then I came back over in my boat to Orient. Had a beautiful foggy ride 'across the Sound. ! can't say it was the seagulls and I because I didn't see too many of them out there, slack water, a lot of garbage foating in the middle which you always see, a lot of seaweed and eel grass,.~b_ut~it was a pleasure to come up on Plum Island right about where it was supposed to be and scoot around there. I was half an hour late for Town Board, but I didn't get my hands slapped that hard. Other than that, the crime wave on the Island is nil as my monthly report will show. I had two cases in July. I do hold court on Fishers Island on Sunday morrdngs. It's handy for the people on the Island who work during the week and Saturdays, and also they wrote two speed- ing tickets on Saturday evening, the State Police did, and both Of the people were down Sunday morning to pay their $50.00 fines. I have court tomorrow morning right here at this dais and 1 also have ,eight pieces of motor vehicle work that I will be taking care of in Riverhead tomorrow, and I See the melons are in season, so with my boat over here I'll probably go back with a couple c~ burlap bags full of corn and maybe a few red potatoes, and I know a couple bushels of melons.~ And that's it, Frank, thank you. AUGUST 9, 1988 2.65 SUPERVISOR MURPHY ~' Thank yod;;'""R~/;''' Agaih'~l Would like to thank yo~ and the people of Fishers Island for their hospitality, and it was very good and I lhir~k a very good informative meeting. I would just like to comment on the cooperation of the various State and County agencies with Southold Town, in particular dealing with Fishers Island. Ray:=mentioned the water study, there are many studies that have gone on and the cooperation between the State, the County and the Town, and Fishers Island I think has been fantastic, and I think our going over lftere makes this really--brings the point out that Fishers Island is part.of Southold Town, and is very hard to get to, and I personally like to thank ali of the State and the County agencies for their cooperation. I did go up to Albany on Thursday night, we had a meeting with the DEC ;and We've been promised quite a bit of help., don't know what that means in dollars right now because'we dOr¥,t'::have ar~y checks on our landfill project, but I'm sure they're looking very favorably on it. a.d i think that's the most important part of it, and I know we are going, to get some h~e[p on funding. Three people here mentioned the State of the "Bays~ Conference a~d I think it was fantastic, i~d not only like to t-hank the members,of the Town B~oar~, ! think it was',~fantastic to have such a large percentage over there. I was only-abie' to stay over there because of some legal problems with the 'Town, fora couple of hours, in fact, probably not even a couple of hours--about an hour and a half ! But I think it's fantastic to show the real interest of the Town Board in something so important. I'd not only Ilke to thank the Town Board members who did take the time out to attend, and as Ellen did' who participated, 'but also tb the people who organized this. I think it's very, very important. Already just as a bypass, the next day we had a demonstration over in Southold Town for a project tl~at we did in Mud Creek, and from that now the County Department of, Public Work~ has called us, asked for cooperation, asked for plans that they could do a, similar project I believe over by the Shinnecock Indian Reservation where there is a serio~,s problem with road runoff going out into the bay. So it's these t~ings that does b~-ing, it out into the pubic's eye and people are made aware of e~aictly, what's going At our ne~(t-East ;E,o;d Supervisor's Meeting we are going to b~ discussing ~l~at each town is doing and how we could help each other to help stop some of this mess in the bays. I hate to see the wind blowing here tonight. There is a huge ~a~'bage streak I understand righ/~ off the South Shore and the rig:hr conditions of t~d~e and wind we're liable to have a tremendous amount of garbage up on the ocean beaches very shortly. It really is disgraceful that this is happening. We've had some sight- ings now coming up the Sound of medical debris in the beaches. I think it's horrible that this happens. A meeting with the big wheels in the OEC on Friday ~1~ in Albany it was reported by the rep from this region that they think they have the people who are ~-esponsible for dumping some of the major amount of medical waste. They naturally could not identify anybody to us but they feel they're getting very close to having a case. an;~t, having charges being brought against somebody, and ~. think the consen's~us of everybody at our meeting was that whoeve~ is responsible probably should go to jail for it, and I would hope they rot there. We are anticipating the end of the Brown Tide this year, very happy to report. Jim has been able to do~ quite a bid on a clam reseeding. Our clam rafting program is doing very ~ell and we are also starting a scallop seeding program, and from our visit to Fisl~ers island and talking?to Steve Malinowski over there we hope to have an extremely large amount of Clams that we hope to be able to get here over winter underneath the ice layer in the creeks and next year even have much better results. So I think werre moving along in a very good way. Ii. PUBLIC NOTICES. · SUPERVISOR MURPHY: Moving on toil.rem II in the agenda, there are three Public Notices. These are all on file in that Town Clerk's Bulletin Board. 1. U.S. Army Co~ps of Engineers, Announcement of public hearings on the Federal Supplemental Environmental Impact Statemen~ with respect to an operational program for the disposal of dredged material in subaqueous borrow pit disposal sites in lower New York Harbor and adjacent areas. August 18th at Brooklyn, August 23rd at Staten Island, August 24th at Middletown, Monmouth County, New Jersey.. Comment period through September 9, 1988~ 2. New york State Department of Environmen[al Conservation, notice of public hearing on the application of Elizabeth Yaro to construct a single familyd welling and associated sanitary system 60 ft. and 90 ft. respectively from tidal wetlands, and to fill with approximately 450 cu. yds. to raise first floor elevation to approximately 8 ft. Variances of 15 ft. and 10 ft. are requested for the house and sanitary system minimum setback requirements of 75 ft. and 1.00 ft. as defined in the Tidal Wetlands Land Use Regulations. Property is located on the south side of Minnehaha Boulevard fronting Corey Creek, Southold. Public Hearing on August 31, 1988, 10:00 A.M., So[J~thold T.own Hall. 3. New York s~ate Department of Environmental Conservation, notice of public hearing on the application of William Corwin to construct a 22 ft.. by 26 ft. wooden deck to the rear of an existing single family dwelling. A varia~:e is requested from the 75 ft. setback requ~iement, to construct the deck within 18 ft. of tidal wetlands. The project is located 200 ft. west of Grathwohl Road, approximately 200 ft. north of New Suffolk Avenue, New Suffolk: Public Hearing on September 1, 1988, 10:00 A.M., Southold Town Hall. 266 III. COMMUNICATIONS. SUPERVISOR MURPHY: There was .one communicatiOn~:l.thought worthwhile putting on here, and it's thanki.ng the Town and the Recreation Department for providing Swimming programs for the residents, in par~ticular down in Captain Kidds; It's always nice to hear something good. IV. PUBLIC HEARINGS. (None) V~ RESOLUTIONS. SUPERVISOR MURPHY: Since'there are no public hearings scheduled tonight we'll ~ move on to Resolutions, and I would like to remind everybody in the audience of the Town policy, I'm sure you allow know it, but if you would like to 'address the Town Board on any proposed resolutions you may do so now. If you want to address the Town Board on any matters after we'll have a time after the resolu.t, ions. a..re all passed. Elizabeth, do you have anything on the resolutions? (No response.) Anyone.else? (No response.) Hearing none, we'll move on to the first one which is~to gi-a~'nt:~permission to use Town roads. 1.-Moved by C~ouncilwoman Cochran, seconded, by Councilwoman Larsen, it was RESOLVEO that.the Town Board of the Town df Sou;thold hereby grants permission to Country Time Shops to use the following] Town Roads to hold their Annual "Super ~tar Contest" on Sunday, August 14, 1988~. between the hours of 8:00 A.M. and 10:00 A.M.: Wi. cki~am Avenue, Eliia'h's' Lane, Oregon Road, Bridge Lane; provided they secure and file' with the Town Clerk a Certificate of Insurance naming the Town of Southold:. as~ an. additional in Sured. 1.-Vote of the Town Board:~ Ayes: Councilwoman Lai~sen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 2 is_::to appoint Judy Terry as Records Management Offiicer~ amd. we discussed her pay for this job and we decided to double what we were going, to give i.n ~the original resolution.~ Her pay is nothing! 2.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Judith T. Terry, SOuthold Town Clerk, as Records Management Officer for the Town of Southold, effective immediately, she to serve in said position without compensation. 2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, 'Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared .duly ADOPTED. SUPERVISOR MURPHY: Number 3 is to set a public hearing. 3.-Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning"; now, therefore, be it RESOLVED that the Town Board hereby sets 3:30 P.M., Tuesday, August 23, 19~8; Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law' which reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town fo Southold as follows: I. Chapter 100 (Z~oning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-13 (Definitions) is hereby amended by deleting "Fences" from the definition of "Building". 2. Section 100-13 (Definitions) is hereby amended by adding the term "FENCE" to read as follows: "FENCE - A structure bounding an area of land designated to either limit access to the area or to screen such an area from view, or both." II. This Local Law shall take effect upon its filing with th~ Secretary of State. 3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: And Number ~l is to execute an agreement. 4.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a Oepartment .~. Transportation, Federal Aviation Admid.i$~ration, Grant Agreement for a $26,771 (federal share) grant for assistance for planning at Elizabeth Field, Fishers Island, all in accordance w.ith the approval of Town Attorney Schondebare. ~.-Vote of the Town Board: Ayes: Councilwoman Lar~en, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. AUGUST 9, 1988 ~-~ 2 6 7 SUPERVISOR MURPHY: ~umber~iS;~:l~o~i~h~i.~-~;~advanced fee payment. 5.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVEO that the Town Board of the Town of Sou~hold hereby authorizes an advanced fee payment in the. amount, of (;893.00 for ~7 tickets at $19~00 each to the Saturday, October 15, 198 NY Islander game; said charge to be made to A7320. ~, Joint Youth; ch~ck made payable to New York Islanders. 5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman~Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is a trailer permit renewal. 6.-Moved by Councilman Penny,.. seconded by Councilwoman Oliva, it was RESOLVED .that the application of Frank J. McBride for renewal of his single family house trailer permit, used for ILving quarters for farm worl<ers, located_on -t~e north s&te of Oregon Road,~Cutchogue, which permit expires on August 9, 1988, be and hereby is granted for a six (6) month period. 6.~Vote of.the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: Number 7 is a budget modification, general fund, whole town. 7.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the follow- ing 1988 Budget modification to the General Fund - Whole Town: To: A8310.1 Water Advisory Committee, Personal Services A1320.4 Independent Auditing, Contractual Expenses A7180.2 Beaches, Equipment From: A'1990.4 Contingent, Contractual Expenses A7180.4 Beaches, Contractual Expenses (1) Provide budget for Personal Services provided by the Secretary to the ~ater Advisory Committee..~(2) Additional budget for professional services rela~i~g to audit of 1987 financial records. (3) Additional monies needed for purchase of swings for Town Beach. 7.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. ~,000.00 2oo.oo 160.00 (3) 1,200.00 160.00 SUPERVISOR MURPHY: Number 8 is to authorize three pre-applications for Elizabeth Field. JUSTICE? EDWARDS: Before I read this, just to inform the public that the Federal Aviation--the FAA has some money in their coffers and we're going to use some of it on Fishers Island to apparently redc~ the runway, fix up the approaches to the--the four approaches to the runways, and also put some new runway lights in. They're going to put a light underneath the windsock in thei~e, plus [ think. they're going to put some kind of a airport light, like a popcorn ligl~t there so yod can see where the airport is a from a distance. And yes, the Town of Southold does have an airport, and thank God for the people on Fishers Island--they use it a lot--it's part of our lifeline. 8.-Moved by Juistice Edwards, seconded by Councilman Penny, it was RESOLVEO that the .Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute three ~3) Pre-applications for Assistance for Fed,eral Fiscal Year 1989 for Elizabeth Field, Fishers Island: Fishers Island Airport Runway 12-30 Reconstruction; (2) Fishers Island Airport Obstruction Lighting and Runway Landing Safety Area; (3) Fishers Island Airport Runway 12-30 Edge Lighting; all ina ccordance with the approval of Town Attorney S chon deba re. 8.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Co,uncil- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO. SUPERVISOR MURPHY: I would just like to comment at this tinge. These applica- tions and all only come about basically becau'se of the cooperation with Suffolk County Department of Public Works which has been doing a fantastic job in helping Southold Town and Fishers Island in the airport. This is about the fourth or fifth program that they've managed and actually got for us. Number 9 is to set a public hearing. 9.-Moved by CouncilWoman Larsen, seconded by Councilwoman Coc~'ran, WHEREAS, there has been prese~:ed to the Town Board of the Town of $outhold a Review";proposed now, Local therefore, Law entitled, be it:'A Local Law' in Relation to Environmental Quality 2'68 AUGUST 9, 1988 RESOLVED that the Town Board hereby sets 3:32 P.M., Tuesday, August 23, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local L~w which reads as fuHows, to wit: LOCAL LAW NO. 1988 A Local Law in RelatiOn to Environmental Quality Review BE IT ENACTED by the ToWn Board Of the Town of Southold as follows: I. Chapter 44 (Environmental Quality Review) or'the Code of the Town Of Southold is hereby amended as follows:' 1. Section 44-20 is 'hereby amended to read as follows: Section 44-20. Fee. Where an action subject to this Chapter involves an applicant, a fee shall be paid to the Town n accordance w th Sect on 617.17 of the Rules. Where th~ Town mLmt Prepare a FEIS, the fee chin"ged to the aPplicant shf~i~ be the actual cost incurred by the Town. II. This Local Law shall take et~fect upon its filing with the Secretary of State. 9.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran~ Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED`. SUPERVISOR MURPHY: Number 10 is to transmit a proposed .Local Law. 10.-Moved by Justice Edwards, seconded by t~ th~'T~)w~l~oarc~'~) the Town of Southold a WHEREAS. there has been presented Councilwoman Oli,~. proposed Local Law entitled. "A Local Law in Relation to Zoning"; now, th'erefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to trans- mit this p~oposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter. Said proposed Lo~al Law reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of.Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-t41A is hereby amended by adding a new subsection "7" to read as follows :~.,. 7. An application for a building permit for construction on a vacant lot, which is not on an approved subdivision map, shall be accompanied ~ by a certified abstract of title issued by a title company which s~a I 1' '!Il sl~ow single and separate ownership of the entire o;~ ~rior to Ap:!~~, ~,~,~ 1957. 2. Section 100-144D is hereby amended to read as follows: D. if the proposed use is in conformity with the provisions of this chapter, a certificate of occupancy for the use of vacant land, a change of use or a nonconforming use shall be issued by the Building Inspector after receipt of a properly completed application. A certified abstract of title issued by a title company which shall show single and,separate ownership of the entire lot prior to April 9, 1957 shall be submitted with an application for a certificate of occupancy ,for vacan~ land or a nonconforming use. If a certificate of occupancy is denied, the Building Inspector shall state the reasons therefor in writing to th~* applicant. 3. Section 100-144G is hereby amended to read as follows: G. The Bui'lding Inspector shall, after inspection, issue a certificate of occupancy .for any building or use thereof, or of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building confdrm to the provisions of this chapte~ after receipt of a properly completed application and certified abstract of title-issued by a title company, which shall show single and separate ownership of the entire lot prior to April '9, 1957. Ifa certificate of occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. 4. Section 100-144 1. (4) is hereby amended to read as follows: 4. Preexisting dwellings: one hundred dollars ~$100.00). I 11. This Local Law shall take effect upon its filing with the Secretary of Slate. 10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran; Justice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTED.' SUPERVISOR MURPHY: Number 11 is to transmit another proposed Local Law. 11.-Moved by Councilwoman Oliva, seconded by CouncilWoman Larsen, WHEREAS_, there has been presented to the Town Board of the ~.own of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning" (Land CJearing); now, therefore, be it RESOLVEO that the Town Clerk be and she hereby, is authorized and directed to transmit this proposed Local Law to the Southold Town Planning Board and the Suffolk County Department of Planning in accordance w~th the Code of the i own of Southold and the Su'ffolk County Charter. Sa~d proposed Local Law reads as follows, to wit: AUGUST 9, 1988 269 11. II. SUPERVISOR MURPHY: Any questions? -VOTE. OF THE TOWN BOARD: BE IT ENACTED by the Town Board of l~he 'F0~wn of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-132 is hereby amended by adding an additional paragraph D. to read as follows: O. Land Clearing.. No person shall undertake or carry out any such activity or use, including any grading, clearing, c. utting and filling, excavating or tree removal associated therewith, without first having obtained siteplan approval therefor, pursuant to the provisions of this~ Article. Thi~' Local Law shall take effect upon its filing with the Secretary of State. (No response.) COUNCILWOMAN LARSEN: Yes. I'd just like to add that i'm very happy to see that this law;:is/finally coming about to a public hearing. It's very much needed in the Town of Southoid. We've had many instances where areas have been clear- cut. The Planning Board has no control over it at this point and in order to insure proper development and protection of many of our fragile and viable areas this law has been a long time in coming. Thank you. COUNCILWOMAN OLIVA: Yes. to do, but we've made a start. COUNCILMAN PENNY: No. I agree with Ellen. We still have a little more work T~hank you. COUNCILWOMAN COCHRAN: No. JUSTICE EOWARDS: No. And I might add I think it's infringing on the property owner not to be able..{o do what he wants. I think it!.s written too tightly. SUPERVISOR MURPHY: What property owner? Jay explained to us that this did not ..... JUSTICE EDWARDS: I'm still voting no, Frank. SUPERVISOR MURPHY: Good. God bless you. My vote is yes. 11.-Vote of: the_:r,owo Board: :Ayes: Councilwoman Larsen, Councilwoman Oliva, Supervisor Murphy. Noes: Councilman Penny, Councilwoman Cochran, JUstice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: Absolutely disgraceful. Number 12 is to accept a proposal. 12.-Moved by Councilman Penny, seconded by Coun~cil, woman Cochran, it was RESOLVED that the Town Board:of. the Town of Southold hereby accepts the proposal of Holzmacher, McLendon & Murrell, P.C., in the amount of $5,400.00, for Analytical Services required for a-Permit to Construct the proposed Southold Solid Waste/Sludge Composting Facility, all in: accordance, with their proposal dated July 12, 1988. 12.-Vote of the Town Board:.Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man_.P_enn_y;,..Cou:ncilwomao.,Coch~an, J ustice Edwards, Supervisor Murphy. This resolution was declared duly AOOPTED. SUPERVISOR MURPHY: Number 13 is to authorize the Town Clerk to advertise for applicants for one member of the Tree Committee. I offer that resolution. 13.-Mb~/ed :by Supervisor Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for one (I) member for the Southold Town Tree Commi tree. 13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED., SUPERVISOR MURPHY: And Number 14 is to reappoint six members of the Tree Committee. 14.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby;' appoints the followin9 individuals to the Southold Town Tree Committee, effective September 22, 1988 through September 22, 1989, they to serve in said positions without compensation: Edward O. Oart, Peggy O. Murphy, Oaniel E. Letteriello,-Joseph P. Shipman, Chris Talluto, Ronnie Wa.cker, Raymond L. Jacobs, Superintendent of Highways, ex officio member, Antonia S. Booth, Town Historian, ex officio member. 14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to set an amount to be deposited in lieu of land for park and playground. 15.-Moved by Justice Edwards, seconded by Councilwoman Cochranf it was RESOLVED that the Town Board of the Town of Southold hereby determines that the amount of $16,750.00 shall be deposited with the Town in lieu of land ~or Park and. Pla~/ground purposes by Nicholas Aliano with respect to his major subdivision located on the south side of County Route 48, west of Paul's Lane, Peconi¢, New York. 15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, SuperviSor Murphy. This resolution was declared duly ADOPTED .... ~... SUPERVISOR MURPHY: Number 16 is one for a first in Southold Town, I think, Councilman George Penny and Frank Murphy are going to co-sponsor a resolution, and. t would like to have George Penny read it. COUNClI~AN PENNY: Thank you, Frank. With pleasure. 16.-Moved by Councilman Penny and Supervisor Murphy° seconded by Justice~Edwards, WHEREAS, the County of Suffolk has passed a local law re~lulating work places that have twenty (20) or.more video display, terminals; and WHEREAS, the Suffolk County Legislature enacted said legislation over the'vetoes of two successive County Executives who stated in their veto messages tha~t no medical evidence has been attested to indicating a general health problem associated with the use of video display terminals; and WHEREAS, enactment of such law may conflict with the various labor contracts affect- ing Town of Southold employees and would attempt to p~eempt proper and fair labor negotiation processes; and WHEREAS, the proposed VDT regulation will inflict a major obstacle in the develop,ent of nonpolluting high-t~ch industries which are compatible with the Town's fragile environment at a time in which major tax losses can be expected; and many young high school and college graduates as well as ~0rki~ WHEREAS, there are mothers trained in compoter technology who rely upon the jobs available in So~ld~ iii Town using computer technology whose jobs could be threatened by implementation ~*~ of the VOT law; and WHEREAS, the Town of Southold by its home-rule powers which predates those of the County Charter finds that said amendment to the Charter is not in the best intm~est of the residents of the Town of Southold. NOW, THEREFORE, BE IT RESOLVED. by the Town Board of the Town of Southold as follows: 1. The Suffolk County VDT Law of 1988 may conflict with collective bargaining of the Town of Southold and is, therefore, invalid as an attempt to transfer a power or function of local government by Charter revision without the required r~ferendums. 2. The Suffolk County VDT Law of 1988 shall not apply in the Town of Soothold. SUPERVISOR MURPHY: I would like to comment on it. I think everybody in Southold Town~ as in Suffolk County, is very concerned about the health and welfare of everyone. I think it speaks very highly that two successive County ExecUtives felt that it was necessary to veto this legislation, that there was not proof: of health hazards, and if in fact there are health 'hazards I think that by us doingtlhis along with Brookhaven Town, and We're one of the smaller towns, 13rookhaven's ~ne of the bigger ones, I hope that maybe it will bring our State Legislators and our Federal Legislator to be aware that if this is so, that there is a health hazard, that they will move and do something about it, and George and I are very happy to present this and i'm very pleased to be part of it. Anyone else have any comments? COUNCILWOMAN LARSEN: Yes. I think this is the most bogus pieize of legislation that I've ever seen in my .tenure on the Town Board. SUPERVISOR MURPHY: Oh, come on. It can't be the worst. COUNCIl-MAN PENNY: You haven't been arQund long enough. They get worse. COUNCILWOMAN LARSEN: And I would like to see one of you gentlemen, or both of you gentlemen, spend eight hours a day in front of a VDT terminal, fiv~e days a week for perhaps twenty years of your life, and VDT's are the closeS~t thing that I have seen to sweat shops since the women left the sewing machines in the 1860's. COUNCILMAN PENNY; I would just like to say, Frank, that in my twenty~five years in business, and we have video display terminals in our business, and believe you me they haven't been around for the twenty years- that Ellen is talking about, there have been no problems, and I don't believe that it's a function of government to 271 AUGUST 9, 1988 be walking into the busi~ne~s area '~'-~'i~'~-~l~m :~Vh~ they have to do. This is a matter for local businesses who are very concerned about their employees and treat them very well. Sweat shops have never existed in the Town of Southold and never will. Thank you. SUPERVISOR MURPHY: Ever since we've had unions. COUNCILWOMAN LARSEN: Right, and the minimum wage. SUPERVISOR MURPHY: Any other comments? (No response.) vote on it. Ruth, you better support us now. COUNCILWOMAN COCHRAN: is'that a threat? Watch it. I think we should 16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Jt~stice Edwards, Supervisor Murphy. No: Councilwoman La,sen. Abstain: Council,,omen Oliva. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Thank you. of the Board of Appeals. And Number 17 is to advertise for o~e member 17?Moved by Councilwoman Cochran, seconded by Coun'¢ilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a~d directs, the Town Clerk to advertise for one (1) member of the Zoning Boar~ of Appeals to fill'the une×'pired term of the late Robert J. Douglass to April 11~, 1991, at a.salary of $5,6~6.00 per annum. 17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva~ C~uncil- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 18 is to refer some Building Department p~rmit files to the Zoning Board of Appeals. t Offer that resolution. 18.-Moved by Supervisor. Murphy, seconded by Councilwoman Oliva, it was RESOLVED that the TOwn Board of the Town of Southold hereby refers th~ Buildinq Department Permit file numbers listed below to the Town Board of Appeals ~Or their review ~n accordance with Article XII of the Code of the Town of Southold; and be it further RESOLVED by the Town Board of the Town of Southold that the Board of Appeals be requested to submit, in writing, its determination of whether the Town Code has been complied with in these matters: 14359, 15638, 16541, 14725, 16135, 34553, 14727.. 18.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is to transmit a proposed Local Law. 19.-Moved by Councilwoman Larsen and Justice Edwards, seconded by Supervisor Murl~hy, WHEREAS, there has been presented to the Town Board of the Town of Southold a- proposed Local Law entitled, "A Local Law in Relation to Zor~ing"; now, therefore, be it RESOLVEO that the Town. Clerk be and she hereby is authorized and directed to trans- mit this proposed Local Law to the Southold Town Planning Board and the St~ffolk County Department of Planninq in accordance with the Code of the Town of Southo~d' and the - Suffolk County Charter'. Said proposed Local Law reads as follows, to wit: LOCAL LAW NO. 1988 A Local Law in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Section 100-136.A of the Code of the Town of Southold is hereby amended to read as follows: A. (1) The total building lot yield of the standard subdivision meeting all applicable . requirements shall be used to determine the number of building lots which the Planning Board may grant in a cluster subdivision. 11. This Local Law shall take effect upon its filing with th~ Secretary of State. 19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. JUSTICE EDWARDS: I would like to comment that this means our affordable housing on Fishers Island can go from ten lots on twenty~-five acres to twelve lots on twenty- five .acres. A very happy day. SUPERVISOR MURPHY: Number 20 is to set a public hearing. 20.~Moved by Councilwoman Oliva, seconded by Councilman Penny, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law Providing for a Four Year Term of Office for the. Supervisor"; now, therefore, be it RESOLVEO that the Town Board hereby sets 3:35 P.M. and 7:30 P.M., Tuesday, August 23, 1988, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed Local Law which reads as follows, to wit: LOCAL LAW NO. - 1988 A Local Law Providing for a Four Year Term of Office for the Supervisor BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. The term of office of the SuperviSor'shall'be four years. Section 2. This local law shall supersede section twenty-four of the town law, insofar as it is inconsistent with such section. Section 3. A proposition for the approval of this local law shall be. submitted to the elctors of the town of Southold at the general election to be held in November, nineteen hundred eighty-eight, and this local law shall become operative only if approved by the affirmative vote of a majority of the qualified e ectors voting upon such proposition. Section 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said general election, any of the town officers mentioned in section one hereof elected at a biennial town election held after this local law takes effect shall hold office for a term of four years commencing on the first day of January next succeeding such election. 20.-Vote of the Town Board: Ayes: Councilwoman Larsen, COuncilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supe~rvisor Murphy. This resolution was declared duly AOOPTEO. SUPERVISOR MURPHY: That was a very enthusiastic "yes". Number 21 is to set another public hearing. 21.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law Providing for a Four Year Term of Office for the Superintendent of Highways"; now, therefore, be it RESOLVEO that the Town Board hereby sets 3:37 P.M. and 7:32 P.M., TUesday/,. August 23, 1988,~ Southold Town Hall, Main Road, Southold, New York, as tim~'~a;'hd place for a pub ~c hearzng on the aforesa.d proposed Local Law whzch reads as fol, lo>~5, to wit: . LOCAL LAW NO. -.1988 A Local Law Providing for a Four Year Term -:'~ of Office for the Superintendent of Highways BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. The term of office of the Superintendent of Highways shall be four years. Section 2. This local law shall supersede section twenty-four of the town law, insofar as it is inconsistent with such section, Section 3. A proposition for the approval of this local law shall be submittea ,to the elctors of the town of Southold at the general election to be held in November, nineteen hundred eighty-eight, and this local law shall become operative only if approved by the affirmative vote of a majority of the qualified electors votin9 upon such proposition. Section 4. If this local law is approved by the affirmative vote of a majority of the qualified electors of the town voting thereon at said general election, any of the town officers mentiohed in section one hereof elected at,a biennial town election held after this local law takes effect shall hold office for a term of four years commencing on the first day of January next succeeding such election. 21.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTEO; SUPERVISOR MURPHY: Another equally as enthusiastic "yes". I know what he goes through. Okay, .that's the end of our resolutions and at this time I would like to ask any member of the Town Board if they have anything further to say. Ruth? COUNCILWOMAN OLIVA: Yes, thank you, Frank. I just think it's a same that the"Local Law in relation to Land Clearing"was not sent on to both the Planning Board and the Suffolk County Planning Commission. It's a shame. We~ve seen so many of the business properfti.es--this was only pertaining to business properties and multiple things because it would require site plan. It does. not refer to anybody with a residential lot, nor does it refer to anybody with a sub(~vision. That would have to come for subdivisions later. And I've had so many complaints from people ail over Town of this clearing of land for Business properties, and I think it's a same that it was not passed. That's number one.' Number two, I would like to AUGUST 9, 1988 273 compliment the Fishers~i'~¥and CJvi~'~A~S~(~'~i'~ti0r~ O'n {he~r Growth Plan. I read it, and it's an excellent piece of material and they've done a really fine job doing it. And I'd also llke to thank Lizzy back there for having the time and patience to sit here listening to all of this. Thank you, Lizzy. Thank you, Frank. SUPERVISOR MURPHY: Thank you. George? COUNCILMAN PENNY: Yes, in regard to the Local Law which I ~/oted against on Land Clearing, I'd just like to say that I voted against it for two reasons. Number one, there are landmark decisions by the Supreme Court this year--there are at least three cases which s~y that the Town restricts the use. of a person's piece of property they should compensate them for it. That's' number; one. Number':two is that there is no provision in this that if the person wants to undertake any portio;3 of these activities that this law can be broken into. There is no permitting process which says that if they come and appeal to the Town Boakd or to any other agency within the Town to do any small amounts of this, that they can do that. And there is no way out for them, This is a very tight law, a very restrictive la~, and in my mind it's way too restrictive, It could do some ultimate good. but I believe it should, be referred back to the Code' Committee and be w~rked on so that it's workable palatable..Thank you. ' SUPERVISOR MURPHY: Jean COUNCILWOMAN COCHRAN: I agree with George. I felt the same way this morning. I felt it ~should go back to the. Code Committee and make some changes and bring it back to the Town Board again. It's not a hundred percent dead. SUPERVISOR MURPHY: Ellen? COUNCILWOMAN LARSEN: Yes, on last Saturday I had the opportunity to go diving in Naupp~u'ge Bay, which is adjacent to Hither Hills State Park and located in the Town of East Hampton, and the purpose of that dive was to ascertain how many scallops were in the area and were remaining from the Brown Tide. Nauppauge was one of the few scallop growing areas that wasn't impacted by the Brown Tide in 1986, ands.had Iow counts in t985. When we got there we landed the boat and there were significant eel grass beds, and we did find some scallops there--later in the week Sea Grant followed up and they ascertained that there were about 90 scallops ever~ 510 meters. But it was really great to see these nice, ma~:ure:,, adult scallops and the bl_ue.ey, es staring out at you, and there were also some Sets of scallops in there for your information that were about the size of your thumb hall that were adhered to the eel grass. ~Tim Kelley--evidentially I guess, Tim, you accompanied Sea Grant yesterday and looked th~,ough our local waters, and they didn't find any evidence of scallops. Also that same day I went over to a place called to Tobacco Lot Bay in Block Island Sound, which is right off of Gardiners Island, and did some further diving. There's great eel grass beds there, but there were nD.scallops there, and what they atti~bute that to is the fact that it's a very high wave energy action area in Block Island Sound. But the visibility of the water reminded me of the Southold Town in my childhooC, and especially Long Island at Orient where you could see twenty feet of visibility and beautiful, wonderful eel ' · grass beds. I even saw a flounder that was about two inches long, and it did _ tylsic~lly what flounders do, it settled on the bottom and covered itself. ] saw a small Moray Eel, and a-Seahorse which I had never seen before. And all in all it was really lovely and beautiful an.d it really makes you appreciate what we have in Southold, or what we did have, and really a commitment_is needed to help restore what we once had. As far as the land clearing, it was only directed at businesses. It was initially just :~ stop-gap measure to require that .no one be able to clear a piece of property and flatten it before they went in .for development so that the Planning Board would properly plan it. I'm sorry that it didn't go through. It was the Town Attorney's opinion that it was a good code and I guess we will have to go back and look at it again, because we certainly need it. Thank you. SUPERVISOR MURPHY: Thank you, Ellen. Raymond? JUSTICE EDWARDS: Yes, it will pass. I think if it's rewritten it will pass. And also on Sunday--I don't know the gentleman's name, but there was a man that came over--he's a member of the Southold Kiwanians--and he came over on his boat, came into West Harbor with his wife and two. other couples, and left a message on my recorder and I went down there and gave him my vehicle for transportation. I was very busy on Sunday and could not give him the guided tour, and I left my vehicle with a map. But just before they departed and I departed we were sitting on the back of the boat and two of the ladies were commenting on how clear the water was Jn West Harbor. Just like Ellen said, it's not probab, ty as clear as Block Island, but it's a lot clearer then Peconic Bay, and I noticed t~ difference coming into Orient this morning. And also at the next meeting ! will probably have pretty much of a blow by blow d~s~:ription, because on August~20th.we're.going to have AUGUST 9, 1988 a full meeting o~ the Conservancy, concerned people on Fishers Island, regarding our garbage problem over there. Of course, the engineering study is going ahead with an incinerator, but now the Conservancy has gotten into the act and they've done some resarch along their guidelines, and they're looking at busing thegarbage off of Fishers Island over here to Southold. Now at this meeting Mr. Hochbrueckner will be there, Mr. Murphy, and also Mr. Roth from the OEC I've heard wants to sit in on the conference, so this is going to be a real slam-bang knoc~k-out and I've got my facts and .figures, I'm getting them more than together.. 1 only hope that Se get some kind of information correlated I can present to the Town Board-- Frank~and I-cat the next Town Board meeting. With that, after court tomorrow you can think of me about 6!:00, 7:00 o~clock tomorrow night going back across the bays, back to Fishers Island. Thank you. SUPERVISOR MURPHY: Good sail. Thank you, Raymond. Okay, I'd just like ~o also ju. st f~rom my personal experiences--my business, my son's, I see the need i~or this la~v on land clearing. We're involved many times in it, and I think, it's. very importa.nt. I just hope that we could sit down by the next meeting and come up with an acceptable one, because it really is getting too late. There's too many properties--the property right next to my old house we just cleared, and it's terrible, and if I didn't clear it somebody else would, but it should not be allowed until a proper site plan is filed. The man who owned the property was very cooperative and did leave buffers of trees on the sides of his property foF the neighbors, and that was the. best I Could talk him into. But it is needed. I find these blacktop firms, coming around here. They're buying any property that has any higher elevation than five or six-feet over the highway just to clear the land, take the fill out, the sand, to go back and make blacktop and then come in and sell the property again, and I don't think it's right. If there is nothing else, is there anyone in the audience who would like to address the Town Board? Ronnie? RONNIE WACKER: I just want to comment on the fact that a majority of the Town Board was represented at the State of the Bays Conference a week ago last Frid, ay; ! thought that was wonderful that Ruth and Frank and Jean and Ellen also there, and 1 think that they all came away--we all came away feeling that the bays are in pretty bad shape.. One main point that ! wanted to bring out was one main point that was made se~er.al-'time there was that no more pollution should be ntcrloduced , into the bay. It 'was stressed town creeks can be one immediate source of the bays pollution and I"think we all::agree.' it was a concensus of the conference that more development on the creeks will inevitably lead to more pollution in the creeks, and ultimately in the bay. Therefore, we are asking you--that is the NFEC is asking you--in fact, make that pleadi,ng with you--that you prohibit the proposed M-Il zone for SoQthold Town creeks so that no further construction that will generate se~_age_~il/_ be all.owed. In particular we believe that permitting the M-II zone in Youngs Marina is not practiCal since the Town Board seems in general agreement that a restaurant and/or hotel would be detrimental to the water's purity. Why designa_te an M-II zone there now when at some future date the owner may wish to act on that zoning? Then it would be more difficult to disallow, and the courts don't take kindly to such actiens. Another matter we want to bring up--we have brought it up. before--that is a moratoriu~ on subdivisions until the Master Plan and zoning amendments are signed, sealed and delivered. I know that at the last' ~ meeting you said it would be a matter of five weeks for the public hearing and l~inal acceptance of the zoning amendments, and I 'am the Queen of Romania. Forgive me, but I don't believe' it is very likely that all this will be accomplished in five weeks. Six years ago the Town Board--that is your predecessors--were equally optomistic when we asked for a moratorium, and at that time there was some five thousand signatures on a petition requesting a moratorium on subdivisions until the Master Plan was~completed. The Town Board said, ,no, no, no morato_rium needed, we,would get two acre zoning and the Master Plan_would be in place in a year. Well, here we are six years later talking about how it will be only another five weeks. Want to bet? We need a Master Plan now. We need a moratorium now. Then maybe we'll get the necessary zoning amendments through b.y next January if we work hard. Ladies and gentlemen, we're running out of time. The Town is slipping out of your hands. I know that if we get a moratorium in place for six montt~, getting a Master Plan by January is a realistic goal. Please do it while there's still some of the Town left to protect. Thank you. SUPERVISOR MURPHY: Thank you, Ronnie. Anyone else like to address the Town Board? Where did Elizabeth go? COUNCILWOMAN COCHRAN: She had her hand up like she wanted to address us and I said to Ellen, "Your daughter wants to talk to us," and she goes, "Uh, oh." SUPERVISOR MURPHY: Okay, if no one wishesto speak I think a motion,~t~:adjourn is order, and I'd like to thank everybody for attending. ~- AUGUST 9, 1988 275 Moved by Councilwoman-Cochran.,~--~se~,~l- by Coun~:[Iman Penny, it was RESOLVED that this Town Board me~ti~g'be ~nd hereby is adjourned at 8:35 P.M. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva, Council- man Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED.